Commonwealth v. Fithian; Commonwealth v. Borzelleca

Summary

The Supreme Court of Pennsylvania interprets the 2002 amendments to Pennsylvania's compulsory joinder statute, 18 Pa.C.S.A. § 110. The court holds that a subsequent conspiracy prosecution is barred when the offense occurred in more than one judicial district, including the district of the former prosecution, but that offenses occurring wholly outside that district are not barred. The court therefore affirms in part and reverses in part the Superior Court's order.

Holdings

1. For purposes of the compulsory joinder statute, an offense occurs within the same judicial district as the former prosecution when the offense occurred in more than one judicial district and one of those districts was the district in which the former prosecution was brought. The statute does not require the offense to occur wholly within that district.
2. The Delaware County prosecution for conspiracy to deliver cocaine was barred by 18 Pa.C.S.A. § 110(1)(ii) because the conspiracy occurred in Montgomery, Delaware, and Philadelphia Counties, including Montgomery County, where the former prosecution occurred.
3. The Delaware County prosecutions for possession of a controlled substance, possession with intent to deliver, and possession of drug paraphernalia were not barred because those offenses occurred wholly in Philadelphia County, outside the Montgomery County judicial district of the former prosecution.

Questions Presented

1. What does the phrase "occurred within the same judicial district as the former prosecution" mean in 18 Pa.C.S.A. § 110(1)(ii), as amended in 2002?
2. Does the compulsory joinder statute bar a subsequent prosecution for conspiracy when the conspiracy offense occurred in multiple judicial districts, including the district of the former prosecution?
3. Does the statute bar subsequent prosecutions for possession, possession with intent to deliver, and possession of drug paraphernalia when those offenses occurred wholly outside the judicial district of the former prosecution?

Disposition

reversed_and_remanded